Foreign nationals related to the Tablighi Jamaat event have been discharged of all the offences leveled against them under the various provisions of the Foreigners Act, the Disaster Management Act, and the Indian Penal Code by a Trial Court in Delhi.
By: Divyansh Saini
The charge sheet alleged that the accused persons arrived in India on a tourist visa, instead of a missionary visa, and violated the terms of their visa by indulging in missionary work and voluntarily propagating the ideology of the Tablighi Jamaat.
The charge sheet further alleged that “Directions were given by Delhi Police to Mufti Shahzad of the Markaz and he was asked to take immediate action for preventing the spread of disease and also to send the foreign devotees back to their countries and other Indians to their respective states, however, no such direction was followed.”
Senior Advocate Rebecca John, who appeared for the accused, argued that that the charge sheet was silent as to the role of any of the accused persons so charge-sheeted and also did not provide any specific act done by them to invoke provisions of any of the sections alleged against them.
Further, the counsel for accused argued that as per the visa guidelines available on the MHA website, the accused persons were not barred from visiting and attending any religious place including the Tablighi Jamaat and
there is no evidence to show as per the charge sheet and documents attached that any of the accused persons had preached or professed or was involved in any Tablighi work.
Perusing these submissions into consideration, the Chief Metropolitan Magistrate, Gurmohina Kaur discharged these foreign nationals of all offences invoked against them and observed that there is no prima facie evidence against the accused persons in the present matter.
The court stated that “In the absence of any record or any credible material placed before this court in the present charge sheet or any of the documents attached along with it, so as to proceed further against the accused as already discussed above accused namely NurbekDosmukanbetUulu is hereby discharged from all offences in the present case.”